Requests for waiver of citizenship criteria

[Майор Хаткевич]

NHQ is a phone call/ email away.

[Eclipse]

NHQ is a phone call/ email away.

Standard messaging rates may apply.

[a2capt]

NHQ is a phone call/ email away.

Standard messaging rates may apply.

Actual Mileage May Vary.

[Майор Хаткевич]

I had a question I couldn't find an answer for, reached someone at NHQ, and he fired up the reg while on the phone and found what I needed. Great service.

[Airman De Ruiter]

Is there a strict set of guidelines by which waivers of this nature are granted or is it on a case-by-case basis?

[Pylon]

Does it matter what NHQ's guidelines are?  Apply for it.  Either you'll be approved or you'll be declined and they'll probably explain why.

[Airman De Ruiter]

Makes sense. How do I do this? Just talk to my commander about it?

[SarDragon]

That's what we told you in the other, now locked, thread. You'll need a Form 15, and copies of whatever identity paperwork you have.

[Airman De Ruiter]

All right, thanks.

[Critical AOA]

Airman De Ruiter

Based upon your situation as described in your other post, if you are not in possession of any document that proves your legal status, you most likely are not eligible to receive a waiver in the first place.   

I wrote a rather long response to your other post but before I could post it, the thread was locked.  I will post only a small portion of it here at the risk of the scorn of the moderators.

** Disclaimer: Nothing that follows constitutes legal advice and should not be interpreted as such.**

Are you familiar with the Child Citizenship Act of 2000?  If not you might want to be.  It could provide you some guidance. 

www.uscis.gov/files/pressrelease/CCA_102504.pdf

http://travel.state.gov/visa/immigrants/types/types_1312.html

By the way, if you do have a competent adult in your life, the processes to change status and gain citizenship for those who are here legally and qualify are not difficult.  I have gone through the entire process for my Chinese wife who was born in the PRC but was here on a student visa when we met.  She is now a US Citizen.

It is just a matter of educating yourself by reading the official US Government published material, filling out some very long forms, attaching the supporting documentation and of course writing a check.  As your future in this country is most likely very dependent on the outcome of this process, the time and money will be well spent.  Yes, it might cost some money but at this stage in your life I would suggest that your money would be better spent there than in CAP or any other activities that might interest you. 

[a2capt]

FWIW, take that kid's comments with a grain of salt. Reading the replies, there's several pieces of conflicting information, and the motivation suggested by the posts is skeptical at best.  Perhaps unit commanders, or other staff in the NV units should be directed to the content so that they can see what they are potentially dealing with.

Leave it at that, so that another thread doesn't have to get locked, that may be actually useful to others who need it's intended advice.

[JeffDG]

I hope I don't get in trouble for bringing up something that is from a locked thread, but I have a rather good working knowledge of US immigration and naturalization law, and wanted to make a few things perfectly clear:

1.  A minor child cannot come to the US without some kind of status (at least legally).  Generally speaking, almost all temporary statuses have a "derivative" status for dependents.  I came to the US as an L1 Intracompany Transfer, my wife and daughter received L2 status as derivatives of that.

2.  A minor child (under 18) who has a parent (either) who becomes a US Citizen will become a US Citizen automatically if that child resides in the United States as a Lawful Permanent Resident (Green Card).

3.  Such a child has 2 options for proving citizenship:  1)  A certificate of citizenship from USCIS (about $600), or applying (with appropriate evidence of #2 above) for a US Passport.  There is no requirement in the law that requires a certificate of citizenship whatsoever to receive a passport, and a properly issued US Passport is considered, legally, to be conclusive evidence of US Citizenship.

[The CyBorg is destroyed]

There is no requirement in the law that requires a certificate of citizenship whatsoever to receive a passport, and a properly issued US Passport is considered, legally, to be conclusive evidence of US Citizenship.

Which is why I asked him if he had a US Passport.  That is the most iron-clad form of proof of citizenship one can have.  I also have a NEXUS card, which is almost as good.

Living as relatively close to the border area as I do, I have met a lot of US/Canadian dual nationals.  Most were born in one country but had one or both parents born in the other.

My niece was born on a US military installation in Augsburg, (West) Germany.  She's never considered herself anything but a US citizen but I think she has birth certificates from both the US and Bundesrepublik Deutschland.

[RogueLeader]

My niece was born on a US military installation in Augsburg, (West) Germany.  She's never considered herself anything but a US citizen but I think she has birth certificates from both the US and Bundesrepublik Deutschland.

My Sister-in-law was born in Germany too.  She had to choose which citizenship she wanted at 18 though.  She chose American. 

[Майор Хаткевич]

There is no requirement in the law that requires a certificate of citizenship whatsoever to receive a passport, and a properly issued US Passport is considered, legally, to be conclusive evidence of US Citizenship.

Which is why I asked him if he had a US Passport.  That is the most iron-clad form of proof of citizenship one can have.  I also have a NEXUS card, which is almost as good.

To get my passport I need to prove my citizenship.

[JeffDG]

There is no requirement in the law that requires a certificate of citizenship whatsoever to receive a passport, and a properly issued US Passport is considered, legally, to be conclusive evidence of US Citizenship.

Which is why I asked him if he had a US Passport.  That is the most iron-clad form of proof of citizenship one can have.  I also have a NEXUS card, which is almost as good.

To get my passport I need to prove my citizenship.

That's true, but there is not a need for the $600 "Certificate of Citizenship" from USCIS to accomplish that.

[Eclipse]

How's he going to prove his status, whatever that may be?

[Майор Хаткевич]

The cert IS the document. I'm just not sure you need the whole process as a child of a citizen.

[Eclipse]

The cert IS the document. I'm just not sure you need the whole process as a child of a citizen.

Random kid walks into Immigration Office.

"I need proof of my status to join Civil Air Patrol and get an SSN..." (And frankly the latter should be a much higher concern.

"Great, we'll need to see your parents' proof of their status..."

"um..."

I also still find it very difficult to believe that AFJROTC, the Sea Cadets, and for that matter the school he's attending haven't already required this.

There is far more here then meets the forum.

[Pylon]

Aaaaand we're back on the topic of the OP and his citizenship and off the topic of the waiver.  Epic trolling, apparently.  This thread is locked, unless someone has something to add about waivers for citizenship from NHQ, then PM me and I'll unlock.